Page No.# 1/2 vs The Union Of India And 3 Ors
2022 Latest Caselaw 3962 Gua

                                                                   Page No.# 1/20

GAHC010047062021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : WP(C)/1719/2021

         DIPUL DAS AND 55 ORS
         S/O. GURUPRASAD DAS, VILL. KALBARI, DIST. BARPETA, P.O.
         BHAWANIPUR, P.S. BARPETA, ASSAM, PIN-781352.

         2: DHIRAJ DAS
          SON OF- DHIREN DAS

         VILLAGE- NATUN BELANA
         DISTRICT- BARPETA

         P.O.- BHETHUA
          P.S.- PATACHARKUCHI ASSAM
         PIN- 781325

         3: LINKAN MAJUMDAR
          C/O- KHIRIM MAJUMDAR
         VILLAGE- DAKSHIN BURIKHAMAR
          DISTRICT- BARPETA

         P.O.- KAMAR GAON
          P.S.- SORBHOG
         ASSAM PIN- 781317

         4: DHANJIT BARMAN
          SON OF- LANKESWAR BARMAN

         VILLAGE- HAPACHARA
         DISTRICT- BONGAIGAON

         P.O.- HAPACHARA
          P.S.- BONGAIGAON
         ASSAM
         PIN- 783390
                              Page No.# 2/20

5: SONJOUTI SALOI
 SON OF- DAYAL SALOI

VILLAGE- NALIPARA
DISTRICT- BARPETA

P.O.- BHETHUA
 P.S.- PATACHARKUCHI

ASSAM PIN- 781325

6: SANJAY RAY
 SON OF- PARMESWAR RAY

VILLAGE- BHASAKHUTA
DISTRICT- BONGAIGAON

P.O.- SRIJANGRAM
 P.S.- ABHAYAPURI

ASSAM PIN- 783384

7: BILON RAY
 SON OF- LAKSHMI KANTA RAY

VILLAGE- HALDHIBARI
DISTRICT- BONGAIGAON

P.O.- SRIJANGRAM
 P.S.- ABHAYAPURI

ASSAM PIN- 783384

8: ABHIJIT RAY
 SON OF- LAKHESWAR RAY

VILLAGE- CHARIPUNIA
DISTRICT- BONGAIGAON

P.O.- BOTGURI
 P.S.- ABHAYAPURI

ASSAM PIN- 783383

9: DIPJYOTI RAY
 SON OF- SIDDHESWAR RAY

VILLAGE- BATONI PARA
                              Page No.# 3/20


DISTRICT- BONGAIGAON

P.S.- ABHAYAPURI
 P.O.- SRIJANGRAM

ASSAM PIN- 783384

10: JON MEDHI
 SON OF- ALOK MEDHI

VILLAGE- PUB BARSIRAL
DISTRICT- NALBARI

P.O.- KHATI KUCHI
 P.S.- GHOGRAPARA

ASSAM PIN- 781369

11: RAJESH BARMON
 SON OF- RABINDRA BARMON

VILLAGE- BHORIDHOWA
DIST.- NAGAON

P.O.- BHORIDHOWA
 P.S.- ULUANI

ASSAM PIN- 782120

12: NAYAN KUMAR RAY
 SON OF- MAHIN CHANDRA RAY

VILLAGE- BARGHOLA PART- II

DISTRICT- BONGAIGAON

P.O.- SRIJANGRAM
 P.S.- ABHAYAPURI

ASSAM PIN- 783384

13: NIRANJAN RAY
 SON OF- GURUCHARAN RAY

VILLAGE- KAKAIJANA PART- I

DISTRICT- BONGAIGAON
                                   Page No.# 4/20


P.O.- KAKAIJANA
 P.S.- ABHAYAPURI

ASSAM PIN- 783383

14: RIDIP BORAH

SON OF- JITEN BORAH

VILLAGE- KALONGPAR HALOWGAON

DISTRICT- NAGAON

P.O.- KALONGPAR HALOWGAON

P.S.- RUPAHIHAT

ASSAM PIN- 782141

15: BHASKAR BARUAH
 SON OF- GAUTAM BARUAH

VILLAGE- SENCHOWA

DISTRICT- NAGAON

P.O.- SENCHOWA
 P.S.- SADAR

ASSAM PIN- 782002

16: PALLAB JYOTI BHUYAN
 SON OF- PRAFULLA BHUYAN

VILLAGE- PANIGAON KALITA CHUK

DISTRICT- NAGAON

P.O.- BORPANI GAON
 P.S.-SAMAGURI

ASSAM PIN- 782141

17: SURUJ PALLAB
 SON OF- PURNA BORAH

VILLAGE- KALONG PAN HALUWA GAON
                              Page No.# 5/20


DISTRICT- NAGAON

P.S.- RUPAHIHAT

ASSAM PIN- 782141

18: ABHIJIT BARMAN
 SON OF- CHATROSING BARMAN

VILLAGE- POPRAGAON

DISTRICT- BONGAIGAON

P.O.- POPRAGAON

ASSAM PIN- 783380

19: RISHI KUMAR BARMAN
 SON OF- ARUN BARMAN

VILLAGE- POPRAGAON

DISTRICT- BONGAIGAON

P.O.- POPRAGAON

ASSAM PIN- 783380

20: DOYMONG PHUKAN
 SON OF- KRISHNA PHUKAN

VILLAGE- DEHINGIA GAON

DISTRICT- DHEMAJI

ASSAM PIN- 787026

21: HIRAKJYOTI BARUA
 SON OF- PREMADHAR BARUA

VILLAGE- KOWPATA

DISTRICT- DHEMAJI

ASSAM PIN- 787034

22: PRABIT ROY
                              Page No.# 6/20

SON OF- PRAMESH ROY

VILLAGE- PAGLIJHARA

DISTRICT- GOALPARA

P.O.- BALBALA
 P.S.- AGIA

ASSAM PIN- 783120

23: RANJAN DAS
 SON OF- TARUN CHANDRA DAS

VILLAGE- NO. 2
BALASIDDHI

DISTRICT- KAMRUP RURAL

P.O.- CHAYGAON
 P.S.- CHAYGAON

ASSAM PIN- 781124

24: TAPAN DAS
 SON OF- TARUN DAS

VILLAGE- NOWAMATI

DISTRICT- KAMRUP RURAL

P.O.- CHAYGAON

ASSAM PIN- 781124

25: CHANDAN BORAH
 SON OF- PUNA BORAH

VILLAGE- NO. 2 FALLANGANI

DISTRICT- GOLAGHAT

P.O.- FALLANGANI
 P.S.- BOGIJAN

ASSAM PIN- 785702

26: AKHIL NATH
                          Page No.# 7/20

SON OF- UTTAM NATH

VILLAGE- PACHIMDHULI

DISTRICT- KAMRUP RURAL

P.O.- CHAYGAON
 P.S.- CHAYGAON

ASSAM PIN- 781124

27: BUBUL DAS
 SON OF- RANJIT DAS

VILLAGE- PACHIMDHULI

DISTRICT- KAMRUP RURAL

P.O.- PACHIMDHULI

ASSAM

28: SANTANU BORAH
 SON OF- DIPEN BORAH

VILLAGE- SIMALUGURI

DISTRICT- SONITPUR

P.O.- BARGAON
 P.S.-THALAMARA

ASSAM PIN- 784149

29: DHANMANI DAS
 SON OF-RAMEN DAS

VILLAGE- HAROPARA

DISTRICT- KAMRUP

P.O.-JHAROBARI
 P.S.-PALASHBARI

ASSAM PIN- 781122

30: KONTAK NATH
 SON OF- RANJIT NATH
                                   Page No.# 8/20


VILLAGE- KHAGRABARI

DISTRICT- BAKSA BTAD

P.O.- KALPANI BAJAR
 P.S.- GOBARDHANA

ASSAM PIN- 781315

31: BHAYRAB DAS
 SON OF- SUKLESWAR DAS

VILLAGE- SAPARTARI

DISTRICT- KAMRUP RURAL

P.O.-BANIAPARA
 P.S.- CHHAYGAON

ASSAM PIN- 781124

32: BABUL URANG
 SON OF- CHUKRA URANG

VILLAGE- GOSANIBOR

DISTRICT- GOLAGHAT

P.O.-SILJURI
 P.S.-BOKAKHAT

ASSAM PIN- 785612

33: ABANI NATH
 SON OF- TARUN CHANDRA NATH

VILLAGE- KACHARIPARA

DISTRICT- DARRANG

P.O.- CHENGAPATHAR

ASSAM PIN- 784525

34: APURBA DEKA
 SON OF- LATE HARI CHANDRA DEKA
                             Page No.# 9/20

VILLAGE- KAHITAMA PATHAR

DISTRICT- BAKSA

P.O.- KAHITAMA
 P.S.- GOBARDHANA

ASSAM PIN- 781315

35: AKSHAY KUMAR BARMAN
 SON OF- AJIT BARMAN

VILLAGE- KUCHIAKATA

DISTRICT- BONGAIGAON

P.O.- SIDALSATI
 P.S.- ABHAYAPURI

ASSAM PIN- 783383

36: DIPAK KUMAR SINGHA
 SON OF-BHOGIRATH SINGHA

VILLAGE- KHORAPARA

DISTRICT- BONGAIGAON

P.O.- SIDALSATI

ASSAM PIN- 783383

37: MRINAL NATH
 SON OF- SURESH NATH

VILLAGE- KAWAIMARI

DISTRICT- DARRANG

P.O.- DALONGGHAT
 P.S.- MANGALDOI

ASSAM PIN- 784528

38: PRAKASH CHANDRA RAY
 SON OF- BISHNU RAM RAY

VILLAGE- HURAMARA PART- I
                                 Page No.# 10/20


DISTRICT- BONGAIGAON

P.O.- BOTGURI
 P.S.- ABHAYAPURI

ASSAM PIN- 783383

39: AMALENDU RAY
 SON OF- KUTU RAM RAY

VILLAGE- KHARAPARA

DISTRICT- BONGAIGAON

P.O.- SIDALSATI
 P.S.- ABHAYAPURI

ASSAM PIN- 783383

40: TULEN CHANDRA RAY
 SON OF- NIREN CHANDRA RAY

VILLAGE- KUCHIAKATA

DISTRICT- BONGAIGAON

P.O.- SIDALSATI
 P.S.- ABHAYAPURI

ASSAM PIN- 783383

41: PRASANTA GOGOI

SON OF- TULON GOGOI

VILLAGE- GELEKI MEKER

DISTRICT- GOLAGHAT

P.O.- SILJURI
 P.S.- BOKAKHAT

ASSAM PIN- 785612

42: MANIKA BALA BARMAN
 DAUGHTER OF- AMALENDU BARMAN
                              Page No.# 11/20

VILLAGE- THAKURANI PARA

DISTRICT- BONGAIGAON

P.O.- KAKAI JANA
 P.S.- ABHAYAPURI

ASSAM PIN- 783383

43: BARNALI RAY
 DAUGHTER OF- SHYAMLAL RAY

VILLAGE- CHAKRAKALA

DISTRICT- BONGAIGAON

P.O.- GARUGAON
 P.S.- ABHAYAPURI

ASSAM PIN- 783383

44: KARTIK BISWAS
 SON OF- GOPAL BISWAS

VILLAGE- BHELAMARI

DISTRICT- NALBARI

P.O.- N 12 DHAM DHAMA

P.S.- GHOGRAPARA

ASSAM PIN- 781349

45: MANAB PATGIRI
 SON OF- PABITRA PATGIRI

VILLAGE- KHARA MEDHI PARA

DISTRICT- GOALPARA

P.O.- DUDHNOI
 P.S. DHUDNOI-

ASSAM PIN- 783124

46: PAPU SAHA
                                 Page No.# 12/20

SON OF- DILIP SAHA

VILLAGE- CHARALPARA
BAJALI

DISTRICT- BARPETA

P.O.-BHOUKAMARI
 P.S.- PATACHARKUCHI

ASSAM PIN- 781325

47: DHRUBAJIT DEKA
 SON OF- KULEN DEKA

VILLAGE- ADULA

DISTRICT- UDALGURI

P.O.- AMBAGAON
 P.S.-HARISINGA

ASSAM PIN- 784510

48: BHASKAR ROY
 SON OF- DEBEN ROY

VILLAGE- SUBANSRI

DISTRICT- BAKSA

P.O.- NARAYANPUR
 P.S.- MUSHALPUR

ASSAM PIN- 781372

49: HARI BHUJEL
 SON OF- INDRA BAHADUR BHUJEL

VILLAGE- BHOGPARA

DISTRICT- BAKSA

P.O.- NARAYANPARA
 P.S.- MUSHALPUR

ASSAM PIN- 781372
                              Page No.# 13/20

50: SIMANTA DAS
 SON OF- DILIP DAS

VILLAGE- RAIPUR

DISTRICT- BARPETA

P.O.- RAIPUR
 P.S.- PATUCHURKUCHI

ASSAM PIN- 781325

51: KANGKAN ROY
 SON OF- MILAN ROY

VILLAGE- SADRA PARA

DISTRICT- GOALPARA

P.O.- DARAKH
 P.S.-DUDHNOI

ASSAM PIN- 783124

52: PRASANTA KUMAR RAY
 SON OF- ASHOK RAY

VILLAGE- SONAKHULI PART- I

DISTRICT- BONGAIGAON

P.O.- SRIJANGRAM
 P.S.- ABHAYAPURI

ASSAM PIN- 783384

53: PRANJAL CHUTIA
 SON OF- AROCHINI CHUTIA

VILLAGE- BHEBELI GAON

DISTRICT- DHEMAJI

P.O.- SISIBORGAON
 P.S.- SILAPATHAR

ASSAM PIN- 787110
                                                       Page No.# 14/20

54: SUVANKAR PAUL
 SON OF- VIVEKANANDA PAUL

VILLAGE- WARD NO.- 9

DISTRICT- SONITPUR

P.O.- DHEKIAJULI
 P.S.- DHEKIAJULI

ASSAM PIN- 784110

55: ABHINASH CHETRY
 SON OF- BHOJRAJ CHETRY

VILLAGE- KARIBIL NEPALI

DISTRICT- BISWANATH

P.O.- KAWRIPATHAR
 P.S.- HELEM

ASSAM PIN- 784170

56: RUPAM NEWAR
 SON OF- ARJUN NEWAR

VILLAGE- BALIJURI

DISTRICT- BISAHANAT

P.O.- BALIJURI
ASSAM PIN- 78418

VERSUS

THE UNION OF INDIA AND 3 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI-110001.

2:UNION OF INDIA

REP. BY ITS SECRETARY
MINISTRY OF PERSONNEL PENSION AND PUBLIC GRIEVANCE
DEPTT. OF PERSONNEL AND TRAINING
NORTH BLOCK
NEW DELHI-110001.
                                                                                 Page No.# 15/20

            3:STAFF SELECTION COMMISSION

              REP. BY THE CHAIRMAN
              LODHI ROAD
              BLOCK NO.12
              CGO COMPLEX
              NEW DELHI-110003.

            4:REGIONAL DIRECTOR (NER)

              STAFF SELECTION COMMISSION
              HOUSEFED COMPLEX
              LAST GATE BASISTHA ROAD
              P.O. ASSAM SACHIVALAYA
              DISPUR
              GUWAHATI
              781006

Advocate for the Petitioner   : MR. K KONWAR

Advocate for the Respondent : ASSTT.S.G.I.




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                    ORDER

30.09.2022

Heard Mr. J. Payeng, learned counsel for the petitioners and Mr. K.K. Parasar, learned Central Government Counsel [CGC] for all the respondents.

2. The petitioners, 56 in nos., participated in a selection process for recruitment of Constable [GD] in Central Armed Police Forces [CAPFs], NIA & SSF and Rifleman [GD] in Assam Rifles pursuant to a Notice, published by the Staff Selection Commission on 21.07.2018. The petitioners belong to the OBC category and from the North Eastern Region, more particularly, from Assam.

3. The petitioners are aggrieved by non-inclusion of their names in the select list dated 21.01.2021, published by the Staff Selection Commission.

Page No.# 16/20

4. The selection test included Physical Standard Tests [PST], Physical Efficiency Test [PET], and Written Examination. The main grievance raised by the petitioners is that though they successfully came out in all segments without availing any individual and additional relaxation granted during the selection process, their candidatures had been rejected on the ground that they had taken benefit of relaxed standard as provided to SC/ST and OBC candidates.

5. The necessary facts, in brief, can be exposited as follows :-

5.1. The Staff Selection Commission by Employment Notice dated 21.07.2018 sought application from intending eligible candidates for filling up 54953 numbers of vacancies which was subsequently increased to 60210, for the post of Constables [G.D] in Central Armed Police Forces [CAPFs], NIA & SSF and Rifleman [GD] in Assam Rifles [AR].

5.2. The scheme of Examination, under Clause 9 [III] has provided for required Physical standard. The said clause shows that for the General, SC & OBC candidates [except those mentioned specifically therein], the minimum height for male candidate is 170 cm and female candidate is 157 cm. In case of ST candidates, the same is declared to be 162.5 cm for male and 150 cm for female. A separate standard was provided for some States, including the State of Assam, which is 165 cm for male and 155 cm for female. In respect of the measurement of chest, a relaxed standard of 75.5 CM was provided for candidates belonging to some States, including State of Assam.

5.3. Clause - 10 contains the General Instructions and the same are required to be complied with by the candidates during the examinations. Clause 10 [xiii] has provided that those SC, ST, OBC and Ex-Serviceman candidates, who are selected on their own merit without relaxed standards, along with candidates belonging to other communities, will not be adjusted against the reserved category vacancies and such candidate will be accommodated against the unreserved vacancies as per their position in the overall Merit List.

5.4. Clause - 10 [xiv] provides that those SC, ST, OBC and Ex-Serviceman candidates, who Page No.# 17/20

qualifies on the basis of relaxation i.e., age limit etc. are to be adjusted against the reserved vacancy.

6. The petitioners have claimed that they have secured more marks than the General category candidates. The petitioners have, however, been refused appointments on the ground of that they belong to the reserved category, OBC and though they availed the relaxed standards, they cannot be appointed against vacancies meant for the General category candidates.

7. As per the advertisement, separate standard in respect of North Eastern Region candidates and SC/ST and OBC candidates were given. On the basis of such relaxed standard, the petitioners participated in the selection process.

8. It is no more res integra that the State and its instrumentalities are within its jurisdiction and competence to prescribe relaxed standard for reserved category candidates, including on the basis of region. The relaxed standard in question as provided, are in respect of eligibility/qualifying standard, such as minimum measurement in height and chest. These are the eligibility criterias/qualifying standard without which, a candidate is not qualified to participate in the other tests such as computer Proficiency Test, Physical Test, Written Examination etc. and the marks are awarded on the basis of performance in the said tests and not on the basis of the qualifying standards. Therefore, the final determination of rank in the select list is based on the marks obtained in the tests and not on the basis of relaxed qualifying standard. Thus, participating in the aforesaid tests and obtaining the marks do not have any nexus with the relaxed standard, which is a general relaxation for all ST/SC candidates and candidate from North Eastern States.

9. The petitioners herein competed with the General Category Candidates in the examination. It is the case of the petitioners that they have secured more marks then the last General Category Candidate. The said position has, however been contested by Mr. Parasar, learned CGC for the respondents.

Page No.# 18/20

10. Mr. Payeng, learned counsel for the petitioners has submitted that three other writ petitions, W.P.[C] no. 811/2021; W.P.[C] no. 1684/2021; and W.P.[C] no. 2420/2021, involving similar issues, have been disposed of with certain directions. As the petitioners are similarly situated to the petitioners in W.P.[C] no. 811/2021; W.P.[C] no. 1684/2021 and W.P.[C] no. 2420/2021, this writ petition can also be disposed of with similar directions.

11. Mr. Parasar, learned CGC has not objected to the direction passed in the aforesaid three writ petitions. He has further submitted that this writ petition can also be disposed of with similar directions, by granting liberty to the respondents to examine and verify the claims of each of the writ petitioners individually.

12. By order dated 07.06.2022, the writ petition, W.P.[C] no. 1684/2021 was disposed of with the following observations and directions :-

11. In a similar factual background, the Delhi High Court in Hemant Pokhriyal

Vs- Staff Selection Commission and Ors. in WP[C] No. 4982/2021 and

decided on 1st October, 2021, held that relaxation given in height or chest

are available to candidates from a specific region, where the candidate

belong to reserved or un-reserved category, cannot lead categorization of

the candidates exclusively for SC, ST and OBC, ignoring their meritorious

position amongst other category candidates. This Court is in Total agreement

with such view of the Delhi High Court.

12. The present petitioners, appeared in the same region with relaxed

standard and faced the same selection process with other categories.

Therefore, the relaxation in qualifying standards for their categories shall not Page No.# 19/20

disentitle them for consideration against reserved category vacancies, if they

have secured more marks then the General Category candidates.

13. The learned counsel for respondent Union India has fairly submitted that

they have already implemented the judgment of the Delhi High Court in

Hemant Pokhrial [Supra].

14. In the aforesaid backdrop, this writ petition is allowed. As posts were kept

vacant under interim orders of this Court, it is directed that the respondent

authorities should accommodate the petitioners, against those vacancies.

While doing so, the respondent authority will verify the case of the petitioners

herein and their marks and if they have obtained marks above the cut off

mark of last general category candidates, as discussed herein above, they

will be accommodated against those posts. The entire exercise shall be

completed within a period of six weeks from the date of receipt of a certified

copy of this order to be furnished by the petitioners.

15. With the above decision, observation, reasons and direction, this writ

petition is allowed. Parties to bear their own cost.

13. When the writ petition was moved on 17.03.2021, an observation was made that any appointments made would be subject to the outcome of the writ petition. Having regard Page No.# 20/20

to the submissions made by the learned counsel for the parties, this writ petition is disposed of with a direction to the respondent authorities to consider the case of each of the petitioners for accommodating them in post/vacancies available at present. While doing so, the respondent authorities will verify the performance of each of the petitioners in the recruitment process and their respective marks and whoever amongst the petitioners is found to obtained marks above the cut-off mark of the last general category candidates, as discussed hereinabove, such of the writ petitioners shall be considered for accommodation against the posts/vacancies available at present. The entire exercise shall be completed within a period of 6 [six] weeks from the date of receipt of a certified copy of this order to be furnished by the petitioners. It is further provided that if any of the petitioners is aggrieved by the outcome of the exercise such petitioners will be at liberty to take recourse to appropriate remedy available under the law.

14. With the observations made and directions given above, this writ petition stands disposed of. There shall, however, be no order as to cost.

JUDGE

Comparing Assistant